§ 90.42 NUMBERS LIMIT; KENNEL/CATTERY AND MINOR BREEDER PERMITS.
   (A)   No person shall own or harbor more than five dogs or seven cats or a combination of seven dogs and cats unless approved by the Department.
   (B)   A person owning or harboring more than one unaltered dog or cat over the age of five months shall be required to obtain a kennel/cattery permit.
      (1)   A person who complies with the numbers limits but who owns or harbors more than one intact dog or cat shall apply for a residential kennel/cattery permit which will be issued only after inspection and approval by the Department. Permits are valid for one year from date of issuance and shall be renewed by the permit holder annually. Residential kennel/cattery permits may be denied or revoked by the Department for cause.
      (2)   Residential kennel/cattery permit application eligibility requires:
         (a)   A maximum of three unaltered dogs or cats;
         (b)   Animal enclosures shall be maintained and located within the interior of the owner or harborer’s principal residence on the owner or harborer’s property;
         (c)   The animal(s) shall have adequate exercise space for the breed and number of dogs and/or cats maintained;
         (d)   The owner or harborer does not have a history of previous ordinance violations; and
         (e)   The owner or harborer can provide documentation for current vaccinations for all dogs and cats at the inspection for the kennel/cattery permit, if all other areas have passed inspection.
            1.   The owner or harborer will have until the final notice date to come into compliance with rabies vaccination and kennel/cattery permit requirements and may not be denied for any of the above unless one of the criteria in division (B)(2)(a) to (d) of this section is not met.
            2.   The initiating call and any issuance of citations at the initial call are not an immediate denial for the kennel/cattery permit.
      (3)   Cause for revocation of an issued kennel/cattery permit shall include but is not limited to: animal fighting, human or animal bites, animals not restrained, substantiated neighborhood nuisance complaints, failure to obtain and renew permits, breeding without a breeder’s permit, failing to maintain current rabies vaccination status, and exceeding the numbers limit for animal ownership and/or harboring as identified in division (A) hereof.
      (4)   Kennel/cattery permits shall be renewed annually.
      (5)   Costs.
         (a)   Two unaltered dog or cats: $400.
         (b)   Three unaltered dog or cats: $500.
   (C)   A minor breeder’s permit shall be obtained by:
      (1)   A person who intentionally or inadvertently participates in or permits the breeding of a cat or dog or makes a cat or dog available for breeding purposes; or
      (2)   A person who offers for sale, sells, exchanges, transfers, receives compensation for or gives away any litter of dogs or cats; with the exception of a litter of puppies or kittens relinquished to the Department; or
      (3)   An owner or harborer of a dog or cat which has delivered a litter or who has caused the delivery of a litter, chooses not to relinquish the animal to the Department and also elects not to have the animal surgically sterilized, shall cause such animal to be implanted with a microchip and shall register such animal within 30 days of following the date of notice requiring such procedure from the Department; or
      (4)   An owner or harborer who fails to relinquish to the Department any dog or cat whose litter has been relinquished to the Department and does not surgically sterilize the animal shall obtain a microchip and register the animal within 30 days following the date of relinquishment; or
      (5)   An owner or harborer having custody of a dog or cat which has been surgically sterilized within ten weeks after giving birth to a litter or who relinquishes the dog or cat to the Department within ten weeks following the birth date of the litter; or
      (6)   An owner or harborer of a dog or cat which has delivered a litter, who chooses not to relinquish such animal to the Department and also chooses not to have such animal surgically sterilized;
      (7)   Such persons shall be required to purchase a minor breeder’s permit in accordance with the requirements of this chapter and shall pay the minor breeder’s permit fee of $10, plus any applicable kennel/cattery permit fee.
   (D)   The person described in division (C) above shall:
      (1)   Be permitted to breed only one dog or one cat which produces only one litter of puppies or kittens in a 12-month period in such person’s domestic household or any other domestic household; and
      (2)   Be prohibited from offering for sale, selling, exchanging, transferring, receiving compensation for or giving away more than one litter of puppies or one litter of kittens in a 12-month period; with the exception of a litter of puppies or kittens relinquished to the Department; and
      (3)   Furnish the Department with such information on the birth of each litter of puppies or kittens as may be required to register such litter with the Department and to be assigned a litter number; and
      (4)   Register with the Department the name, address, and telephone number of each recipient of any puppy or kitten sold or transferred within five days following the date of sale or transfer; and
      (5)   Provide the recipient of such puppy or kitten the litter number of the animal received and the minor breeder’s permit number to confirm the breeding and sale of such puppy or kitten in compliance with the requirements of the this chapter; and
      (6)   Immunize all cats and dogs offered for sale, exchange, transfer, or giveaway, with the exception of an animal(s) relinquished to the Department, against common disease: for dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis; and for cats, against feline rhinotracheitis-calici, and panleucopenia; and
      (7)   Not offer a puppy or kitten for sale, exchange, transfer, or giveaway in violation of § 90.03; and
      (8)   Provide an unqualified health warranty for such puppy or kitten for a period of not less than ten days following the date of delivery which warranty shall include a recommendation to have such puppy or kitten examined by a state licensed veterinarian within such health warranty period.
   (E)   Costs.
      (1)   The owner or harborer of a dog or cat which has been altered within ten weeks after birthing a litter or who relinquishes such animal to the Department within ten weeks following the delivery date of the litter, shall be required to purchase a minor breeder’s permit for $10; or
      (2)   The owner or harborer of a dog or cat that has delivered a litter, who neither relinquishes the animal to the Department nor alters the animal, shall be required to purchase a minor breeder’s permit for $100; and
      (3)   Any applicable kennel/cattery permit fee.
   (F)   All minor breeder permits will be issued under this section only after inspection and approval by the Department, provided all other requirements of this chapter are met.
   (G)   A late fee will be assessed for a permit renewal that is in excess of 30 days beyond the expiration date. A permit reinstatement fee will be assessed when requesting re-inspection for approval after a revocation of a permit has occurred.
(Ord. G-21-15, passed 7-30-2021) Penalty, see § 90.99